Drunk driving remains a problem in the United States. Every year, around 10,000 lives are lost due to drunk driving accidents, leading to thousands of lawsuits. It's important to know that not all DUI cases are filed properly. While it's true that they are rarely dismissed, DUI cases can still be challenged if there are problems with how arresting authorities handle evidence. Moreover, witnesses may also prove to be unreliable and the facts presented in court might not amount to a strong case.
If you ever get sued for allegedly driving while intoxicated, there's still a good chance you could get out of it. You only need to follow a few important tips:
1. Get an attorney with proven experience in handling DUI cases
You can't defend yourself from a DUI case on your own. As a matter of fact, you need an attorney who can represent you whether you go through court or a settlement. Considering the amount of information and evidence that gets scrutinised in DUI proceedings, it's important to work with a lawyer that has a proven background in DUI defence within the jurisdiction where the case is tried.
2. Challenge evidence from the arresting officers
You can get arrested for DUI if authorities were able to show evidence proving that you were intoxicated. They can provide the results of your field sobriety test, breathalyser test, and other details contained in the arrest report. However, the arresting officer may overlook a number of factors like the effects of the medication you are taking or the weather at the time of your arrest (you may not perform well on a sobriety test on a windy day). At any rate, you and your lawyer can dispute such evidence if you are able to present the facts that authorities fail to include.
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3. Point out there was no proper reading of your Miranda Rights
If you were taken under custody for a DUI, the arresting officers should be able to read to you your Miranda Rights. This is so you can avoid making any statement that will be used against you in court. It’s part of basic police procedure no matter where you are in the United States. If the arresting officers fail to advise you on your Miranda Rights prior to your arrest, any evidence presented after you are released from custody will be dismissed.
4. Prove that there was no mental impairment prior to the arrest
Before the physical effects of intoxication take hold, mental impairment should be present. Hence, if you were pulled over and arrested for driving intoxicated, the arresting officers must prove that you were not in the right mental condition at that time as a result of intoxication. This is disputable if you were conscious, responsive, and conducted yourself in an orderly fashion before the arresting officers.
There are a lot more factors that can help you win a DUI case. It’s only a matter of knowing the facts surrounding your arrest and getting expert advice.
